Jagarlamudi Jayakrishna vs The State Of Andhra Pradesh
2022 Latest Caselaw 4873 AP

Citation : 2022 Latest Caselaw 4873 AP
Judgement Date : 2 August, 2022

Andhra Pradesh High Court - Amravati

Jagarlamudi Jayakrishna vs The State Of Andhra Pradesh on 2 August, 2022

                                 1
                                                                     CMR, J.

W.P.No.38810 of 2017 & Batch

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

Writ Petition Nos.38810 of 2017; 5266, 7936 of 2019; 6051, 6181 of 2020; 3075, 8914, 10042, 10067, 10412, 10545, 11396, 18201, 18377, 18422, 18728, 22291, 22468, 23640, 23704, 23782 and 23787 of 2022

COMMON ORDER:

In this batch of Writ Petitions, the petitioners sought either

to quash the rowdy-sheets/suspect-sheets/history-sheets that

are opened against them or to direct the respondent police

officials to close the said rowdy-sheets/suspect-sheets/history-

sheets.

2. Heard learned counsel appearing for the petitioners and

learned Assistant Government Pleader for Home appearing for the

respondents.

3. These Writ Petitions are being disposed of without going into

the merits of the cases on the ground of legal validity of the said

rowdy-sheets/suspect-sheets/history-sheets opened by invoking

the provisions of A.P. Police Manual or A.P. Police Standing

Orders, in view of the recent common order of this High Court,

dated 15.07.2022, in W.P.No.3568 of 2022 and batch, whereby

this Court held that the Standing Orders of A.P. Police Manual or

A.P. Police Standing Orders to the extent of opening/continuation

of rowdy-sheets/suspect-sheets/history-sheets and keeping

surveillance on the individuals on the basis of the said rowdy-

sheets/suspect-sheets/history-sheets, in terms of Chapter-37 of

the aforesaid Standing Orders, are void.

CMR, J.

W.P.No.38810 of 2017 & Batch

4. The rowdy-sheets/suspect-sheets/history-sheets were opened

against the petitioners in all these Writ Petitions in terms of

Chapter-37 of the A.P. Police Standing Orders or A.P. Police

Manual.

5. The legal validity of Chapter-37 of the said A.P. Police

Manual or A.P. Police Standing Orders, on the basis of which the

said rowdy-sheets/suspect-sheets/history-sheets are being

opened, has been questioned and challenged before this Court in

W.P.No.3568 of 2022 and batch. This court, by its common

order, dated 15.07.2022, passed in the above batch of Writ

Petitions, after considering the law on the issue elaborately with

reference to the earlier judgments rendered by the Apex Court

and, more particularly, with reference to the Constitution Bench

judgment of the Apex Court rendered in the case of K.S.

Puttaswamy v. Union of India1, held that Chapter-37 of the A.P.

Police Manual or A.P. Police Standing Orders on the basis of

which the rowdy-sheets/suspect-sheets/history-sheets are being

opened and surveillance is being kept on the individuals on the

basis of the said rowdy-sheets/suspect-sheets/history-sheets, as

void. At para.45 of the said common order, it is held as follows:

"45) Hence, the Writ Petition No.3568 of 2022 is allowed declaring the Standing Orders of A.P. Police Manual / A.P. Police Standing Orders to the extent of opening/continuation of Rowdy Sheet, Suspect Sheet, History Sheet etc., and on that basis the surveillance of the individual (in terms of Chapter 37 of the above said Standing Orders) as void. All the other Writ Petitions are also allowed. All the rowdy sheets opened in this batch of Writ Petitions are directed to be closed immediately.

(2017) 10 SCC 1

CMR, J.

W.P.No.38810 of 2017 & Batch

The police cannot open or continue a rowdy sheet or collect data pertaining to a person without the sanction of "law". Collection of personal data and its usage for prevention of crimes also can only be in accordance with a "law" which crosses the thresholds mentioned in the Constitution of India and the various judgments including K.S.Puttaswamy case (2 supra) since „privacy‟ is now a Fundamental Right as per Part- III of the Constitution of India. It is reiterated that the police cannot (under the existing orders) indulge in night visits; domiciliary visits to the houses of a suspect or accused. They cannot take or demand the photographs, fingerprints etc., except under the procedure established by a „law‟ and if the conditions laid down are satisfied. Accused or suspects cannot be summoned or called to the Police Station or anywhere else either during festivals/elections/weekends etc. They cannot be made to wait at the Police Stations for any reason or seek permission to leave the local jurisdiction."

6. Therefore, as the very Chapter-37 in the A.P. Police Manual

and A.P. Police Standing Orders, on the basis of which all the

rowdy-sheets/suspect-sheets/history-sheets are opened and

surveillance is being kept on the petitioners on the basis of the

said the rowdy-sheets/suspect-sheets/history-sheets and the

same are being continued, is now declared as void, the opening of

the said the rowdy-sheets/suspect-sheets/history-sheets against

the petitioners and continuing the same is clearly unsustainable

under law. They have no legal sanctity and they cannot be

sustained under law and they cannot be allowed to be in force

and continued any longer.

7. Therefore, in view of the aforesaid common order, dated